ENVIRONMENT PROTECTION ACT 1997 - SCHEDULE 1
ENVIRONMENT PROTECTION ACT 1997 - SCHEDULE 1
Schedule 1 Activities requiring environmental authorisation
(see s 42)
In this schedule:
"airgun" means a firearm, other than a paintball marker, that—
(a) can propel, or is designed to propel, a projectile by means of—
(i) any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; or
(ii) a spring; and
(b) is operated or designed for operation by means of a trigger or similar device.
"aquifer" means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.
"authorised concert venue" means a concert venue where the holder of an environmental authorisation for the conduct of outdoor concert activities is authorised to conduct such an activity.
"authorised motor racing venue" means a motor racing venue where the holder of an environmental authorisation for the conduct of motor racing events is authorised to conduct such an activity.
"blank fire firearm"—see the Firearms Act 1996
, dictionary.
"bore" means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—
(a) that is used, or is capable of being used, to intercept or collect ground water; or
(b) from which ground water is, or is capable of being, obtained or used; or
(c) that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or
(d) that extends into an aquifer.
"clinical waste"—see the Clinical Waste Act 1990
, dictionary.
"concert" means a public performance of music the primary purpose of which is to entertain.
"concert venue" means a place or location where a concert is being, or is proposed to be, conducted.
"environmental standards" means the ACT's Environmental Standards: Assessment and Classification of Liquid and Non-liquid Wastes published by Environment ACT, as in force for the time being.
"firearm"—
(a) means a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused; and
(b) includes an airgun; but
(c) does not include—
(i) a blank fire firearm; or
(ii) a paintball marker.
"ground water" means water occurring or obtained from below the surface of the ground, including water occurring in or obtained from a bore or an aquifer, but not including water occurring in or obtained from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.
"hazardous component", of electronic waste, means any component of the electronic waste that has chemical, physical or biological properties with the potential to cause harm to a person, property or the environment.
"live animal weight", for animals, means the weight of the animals calculated on the basis that—
(a) for birds—555 layer chickens, 1 100 broiler chickens, 310 ducks, 165 geese, 110 turkeys or 17 emus represent 1t; or
(b) for a stock feedlot—2 cattle, 13 goats, 2 horses or 22 sheep represent 1t; or
(c) for a stock saleyard—2 cattle, 13 goats, 2 horses, 22 sheep, 5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker pigs or 11 baconer pigs represent 1t.
"logging" includes the cutting and removal of pulpwood.
"mobile plant", for the processing of agricultural crops, means plant operated on a temporary basis at a place for not more than 6 months in a year.
"motor racing event" means—
(a) a motor vehicle race or practice for a motor vehicle race; or
(b) a motor vehicle reliability trial or speed test, including a trial or test for which the vehicles have been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trial or test.
"paintball marker "means a device that shoots capsules of paint, or a similar substance, for the game of paintball.
Note The Macquarie Dictionary, 4th ed, defines paintball as a game in which players participate in mock military skirmishes using guns which fire capsules of paint instead of bullets.
"receiving waters" means ground water or water in a waterway.
"regulated waste"—see section 1.1A.
"road transport legislation"—see the Road Transport (General) Act 1999
"stock"—see the Stock Act 2005
, dictionary.
"stormwater" means water run-off from an urban area that is normally collected by the stormwater system.
"stormwater system" means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area.
"waste" means any solid, liquid or gas, or any combination of them, that is a surplus product or unwanted by-product of an activity, whether the product or by-product is of value or not.
"wastewater" means water that is the by-product of an activity if the water—
(a) contains other matter (whether in a solid, liquid or gaseous state); or
(b) if added to receiving waters—has the potential to pollute those waters.
"water" includes water that contains impurities.
"waterway" means—
(a) a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or
(b) a channel formed (whether in whole or part) by altering or relocating a waterway described in paragraph (a), and includes the stormwater system; or
(c) a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);
and includes the bed that the water in the waterway normally flows over or is covered by and the banks that the water in the waterway normally flows between or is contained by, but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
"year" means any 12 month period.
1.1A Meaning of regulated waste
(1) In this schedule:
"regulated waste" means waste that is, or contains, 1 or more of the following kinds of waste:
(a) hazardous waste;
(b) group A waste;
(c) group B waste;
(d) group C waste;
(e) industrial waste.
(2) An expression used in subsection (1) and defined in the environmental standards has the same meaning as in the standards.
For section 42, the following activities are class A activities:
Table 1.2
column 1 item | column 2 activity |
---|---|
1 | the extraction of more than 100m 3 of material (other than water) from a waterway |
2 | the operation of equipment designed to extract more than 30 000t per year of material (other than ground water) from land outside a waterway |
3 | the operation of an incineration facility for the destruction of waste by thermal oxidation (including biological, veterinary, medical, dental, quarantine and municipal wastes) |
4 | the sterilisation of clinical waste |
5 | the conduct of a crematorium for the reduction by means of thermal oxidation of human bodies to cremated remains |
6 | the operation of a commercial landfill facility that receives, or is intended by the operator to receive, more than 5 000t of waste per year |
7 | the acceptance of more than 100m 3 of soil for placement on land by a lessee (or for land under a land sublease, the sublessee) or occupier of the land if the land is in— (a) an area identified in the territory plan |